Legal Question in Employment Law in Pennsylvania
Terminated due to medical leave
I was in a car accident, and told not to work for two weeks following due to injuries. This information was sent directly to my employer by the doctor, in addition to my calling and explaining the situation. A few days later, my employer called me and said that this simply ''would not work'' for them and that I was terminated. It is a small employer (10 employees) so I do not believe covered by the FMLA. I am in PA which I am told is an ''at will'' state, which I do not entirely understand. I am double concerned not only in losing my wages (and my now inability to replace my car), but also my health insurance. Beyond the obvious of looking for a new job, what are my options if any?
2 Answers from Attorneys
Re: Terminated due to medical leave
You should talk to an attorney as soon as possible. There are several issues at play here:
1. You may be entitled to compensation for your accident.
2. You may have been wrongfully terminated due to your disability, which means that you may be entitled to damages.
Feel free to call our offices. We do not charge for initial consultations.
267.639.3105
Re: Terminated due to medical leave
The family medical leave act would not apply due to the small nymber of employees. However if your company has other branches or offices within a 75 mile radius and the employees total 50 when all offices are included then it may apply.
Your facts due not indicate who was at fault in your auto accident. Some of your medical bills may be covered by your auto policy. You do not indicate whether you had collision coverage for your car. If so this may help you with the car replacement. If the other driver was at fault you can make a claim against him and his insurance company. If the other driver was t fault you may have a claim against the other driver for your injuries.
ifd you would like to consult with my office do not hesitate to call me.
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